Murphy Anderson Victory Reported in IFEBP's September 2013 Benefits Magazine

October 7, 2013

The September 2013 issue of the International Foundation for Employee Benefit Plans' Benefits magazine reported a case successfully litigated by Murphy Anderson attorneys Mark Hanna and Joni S. Jacobs.

In Larzik v. Local 464A UFCW Union Welfare Service Benefit Fund, No. 2:12-cv-05831-WJM-MF (D.N.J. May 13, 2013), the firm obtained a dismissal with prejudice against a participant's claim that the benefit fund wrongfully denied him coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). U.S. District Court Judge William Martini held that the benefit fund had offered to provide the participant COBRA coverage retroactively, but he forfeited his right to such coverage when he failed to pay the premiums. Judge Martini also held that the participant had no claim under the Employee Retirement Income Security Act (ERISA) for restitution of out-of-pocket medical expenses.

Murphy Anderson serves as General Counsel to the defendant, which is a Taft-Hartley welfare fund offering medical, dental and vision benefits to more than 20,000 employees in the retail grocery industry in New Jersey.